Question 1

To be valid, consent must be voluntary and intelligent, based on ________.
A) Mitigating circumstances
B) External circumstances
C) Internal circumstances
D) Totality of circumstances

Accepted Answer

Consent must be voluntary and intelligent, based on the totality of circumstances, which means considering all relevant factors and conditions under which consent was given.

Question 2

________ means the consent was not forced or coerced; ________ means the person giving consent must know what he or she is doing.
A) Voluntary/intelligent
B) Intelligent/voluntary
C) Independent/reasonable
D) Reasonable/independent

Accepted Answer

Voluntary means the consent was given freely without any force or coercion, while intelligent means the person fully understands what they are consenting to.

Question 3

Consent obtained by deception through a claim of lawful authority, which did not in fact exist, is ________.
A) Voluntary
B) No voluntary
C) Intelligent
D) No intelligent

Accepted Answer

Consent obtained through deception, especially by falsely claiming lawful authority, is not considered voluntary because it is based on misinformation or lies, undermining the individual's ability to make a fully informed decision.

Question 4

In ________, the Court held that knowledge of the right to refuse consent is not a prerequisite for voluntary consent.
A) Bumper v. North Carolina
B) Stoner v. California
C) Chimel v. California
D) Schneckcloth v. Bustamonte

Accepted Answer

In Schneckloth v. Bustamonte (1973), the Supreme Court ruled that a person's knowledge of the right to refuse consent to a search is not a prerequisite for determining whether the consent was given voluntarily. This decision emphasized the totality of the circumstances approach in evaluating the voluntariness of consent.

Question 5

In Illinois v. Rodriguez, the Court held that searches in which the person giving consent has ________ authority are valid.
A) Plain
B) Apparent
C) Actual
D) Mere

Accepted Answer

In Illinois v. Rodriguez, the Supreme Court held that searches in which the person giving consent has apparent authority, rather than actual authority, are valid under the Fourth Amendment, as long as the authorities reasonably believe the person has the authority to consent.

Question 6

The ________ rule says that consent given by a third party whom the police reasonably believe to possess common authority over the premises is valid even if it is later established that the person did not in fact have that authority.
A) "Plain authority"
B) "Apparent authority"
C) "Actual authority"
D) "Mere authority"

Accepted Answer

The correct term is "apparent authority," which refers to situations where the police reasonably believe a third party has the authority to consent to a search of premises, even if it turns out that the person does not actually have such authority.

Question 7

Which case law establishes that consent for the police to search a vehicle also extends to closed containers found inside the vehicle?
A) Florida v. Royer
B) Georgia v. Randolph
C) Florida v. Jimeno
D) Carroll v. United States

Accepted Answer

Florida v. Jimeno (1991) establishes that a general consent to search a vehicle is understood to include consent to search containers within that vehicle that might reasonably hold the object of the search.

Question 8

Consent is an exception to the Fourth Amendment rule requiring ________ and ________ in search and seizure cases.
A) Probable cause/a warrant
B) Probable cause/permission
C) Reasonable suspicion/a warrant
D) Reasonable suspicion/permission

Accepted Answer

The Fourth Amendment generally requires law enforcement to have probable cause and a warrant to conduct searches and seizures. Consent from the individual being searched serves as an exception to this requirement.

Question 9

Which of the following types of consent to search are valid, if voluntary and intelligent?
A) Consent given by a business employee
B) Consent given by a college or university administrator
C) Consent given by a husband or wife
D) Consent given by a landlord

Accepted Answer

The answer of Which of the following types of consent...

Question 10

In ________, the Court held that a warrantless search of a shared dwelling over the express refusal of consent by a physically present resident violates the Fourth Amendment.
A) Georgia v. Randolph
B) Florida v. Jimeno
C) Florida v. Royer
D) Kent v. United States

Accepted Answer

In Georgia v. Randolph, the Supreme Court ruled that a warrantless search of a shared dwelling is unconstitutional if one of the occupants is present and expressly refuses consent for the search, even if another occupant consents. This decision emphasizes the importance of individual consent in shared living situations under the Fourth Amendment's protection against unreasonable searches and seizures.

Question 11

Mere silence or failure to object to a search does not necessarily indicate valid consent.

Accepted Answer

Consent to a search must be voluntary and explicit. Mere silence or not objecting does not necessarily imply consent, as consent must be an affirmative act.

Question 12

Written consent is constitutionally required.

Accepted Answer

Written consent is not specifically required by the Constitution; consent requirements vary depending on the context and are governed by different laws and regulations, not the Constitution itself.

Question 13

A hotel guest is not entitled to protection against unreasonable searches and seizures.

Accepted Answer

A hotel guest has a reasonable expectation of privacy in their hotel room, which is protected against unreasonable searches and seizures under the Fourth Amendment of the U.S. Constitution.

Question 14

Consent given after an illegal act by the police is not valid because such consent is tainted.

Accepted Answer

Consent given after an illegal act by the police, such as an unlawful search or detention, is considered invalid because it is seen as coerced or influenced by the illegal action, thus tainting the consent.

Question 15

Consent to enter a dwelling means consent to search.

Accepted Answer

Consent to enter a dwelling does not automatically imply consent to search; these are separate legal permissions that must be individually granted.

Question 16

The scope of an allowable search depends on the type of consent given.

Accepted Answer

The scope of an allowable search is indeed determined by the type of consent given, as consent can be limited or withdrawn, affecting the extent and areas that can be legally searched.

Question 17

The lawful occupant of a house or apartment may consent to a search if the other occupant is not present or was removed on objectively reasonable grounds.

Accepted Answer

The Supreme Court has held that a lawful occupant may consent to a search of the premises, and such consent is valid as against an absent co-occupant, provided the consent is voluntary and the co-occupant is absent for a lawful reason, such as being removed by police on objectively reasonable grounds.

Question 18

Consent search given a hotel clerk would be considered valid.

Accepted Answer

A consent search is considered valid only if it is given by someone who has the authority over the property or area to be searched. A hotel clerk typically does not have the authority to consent to a search of a guest's room, as that authority rests with the guest.

Quiz 8: Searches With Consent

To be valid, consent must be voluntary and intelligent, based on ________.

means the consent was not forced or coerced; means the person giving consent must know what he or she is doing.

Consent obtained by deception through a claim of lawful authority, which did not in fact exist, is ________.

In ________, the Court held that knowledge of the right to refuse consent is not a prerequisite for voluntary consent.

In Illinois v. Rodriguez, the Court held that searches in which the person giving consent has ________ authority are valid.

The ________ rule says that consent given by a third party whom the police reasonably believe to possess common authority over the premises is valid even if it is later established that the person did not in fact have that authority.

Which case law establishes that consent for the police to search a vehicle also extends to closed containers found inside the vehicle?

Consent is an exception to the Fourth Amendment rule requiring and in search and seizure cases.

Which of the following types of consent to search are valid, if voluntary and intelligent?

In ________, the Court held that a warrantless search of a shared dwelling over the express refusal of consent by a physically present resident violates the Fourth Amendment.